Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-16
Court of Appeals.
Correspondence of the Gazette.

I Sooie VI AppHalss
Correspondence of the Gazette
i TYLER, TEX, Dec. 10.-John Gear We
the Safe; appeal from Lampasas
Where the law is fully and correctl,
icharged, and the issues of fact, tnougl
the evidence be conflicting, is submitted
to and passed upon by lawful jury, this
court will not disturb the verdict, there
being evidence to support the same
No error. Affirmed. Wilson, J.
Peter King VS.. the State; appeal from
Falls. In thia case the charge is correc:
as far as we can determine in the ab-
sence of statement of faces. Where q
Juror served as such, beginning February
Ia, 1887, ana over objections Of appellant,
who challenged him for cause, sat on this
case August s, 1887. Held: The Juror
was not disqualified on the ground of
having served six days in the last six
months. Affirmed. Wilson, J.
| W. L. Campbell vs.. the State; appeal
from LaVaca. Where an application tor
continuance Is overruled because Of the
absence OF Witnesses, and the same is
overruled, and the witnesses afterward
appear and testify in the case. Held {:
Not reversible error. No material error.
Affirmed. Hurt, j.
| A. JACKSON vs.. the State; appeal from
Lamar. When the statement Of facts are
fled seven days after the adjournment of
court, ana there appears no order author
| izlDg the same Held: This court can
not consider statement of facts under
such circumstances. The Indictment is
valid, there sre no bills OF exception, and
| the charge OF the court Wss sufficient. No
error. Affirmed. Hurt,J.
Clara Blair vs.. the State; appeal from
Fort Bend. Indictment for theft in
charging the ownership and possession of
the alleged stolen property ere controlled
oy the facts in the particular case. IL
one person owns the property and another
has possession OF the same it will sbe
sufficient to allege that the property was
taken from the possession of the latter.
who was holding the same for -ftfe
owner; but in such case the indie2treasl
should allege the non-coGsent otsboth,
and the proof must support the Allega-
ton. No reversible error. Affiff1ed.1
Hurt, J.
Smith & Fernsndis vs.. W. 81. Carter;
appeal from Ell Paso. Where papers in
the court below are lost, and an agreed
statement is filed, neither party can take
advantage on appeal OF the absence of
said papers. There was no error prejudi-
cial to appellants. Affirmed. Wilson, J :.
w. W. Wallace vs.. the State; appeal
from Hopkins. Where application for
continuance is made on the ground of
| absent witnesses, and it is shown by the
testimony Of witnesses for appellant that
the testimony OF the absent witness was
probably untrue, and the court overrules
the motion. Held: Not error. 1t was
not error for the state to prove that the
assaulted party had fits, the fact having
oeen called to appellants attention during
the difficulty. Affirmed. Wilson, J.
j. I. Smith VS.. the State; appeal from
Marion. At q former day Of this term
this case was dismissed because the in
dictment IS copied in the transcript,
charged the offeGse to have been COM
mltted in 1880, ana the same was there
fore barred by statute limitations. 1t is
now shown that 1880 was clerical error
Of the clerk, and should have been 1885,
as in original indictment. The Judgment
of dismissal is set aside, and there being
NO error, the judgment Of the court below
is affirmed. Wilson, J.
East Texas Fire Insurance Company vs..
81 Brin; appeal from Kaufman county.
The policy sued on was in usual form,
but all that part of same which Is ususlly
known IS the "written' portion of III.
policy WAS con aimed in a printed form
the blanks Of which were filed out with
q pen, and in addition to description of
the character and location Of the goods,
contained the followiog clause, to-wit:
"The assured undtr this policy, hereby
covenants and agrees to keep e
set of books showing com,
plete record OF the business
transacted, including all purchases and
sales, both for cash and credit together
with the last inventory Of ssid business;
and further covenants and agrees to keep
such books and inventory securely locked
in fire-proof safe at night and at ali
times when the store is not actually open
for business, or in some secure place not
exposed to fire which would destroy the
house where the business Is car
ried on; end in case of loss the
assured agrees and covenants to
produce such books and in
ventory, and in the event of failure to
provide the same this policy shall be
deemed null and void, sud no suit or &C.
ton at law shall be maintained thereon
for any such loss"
"This slip to be sttached to and form
part of policy No. (here follows the num-
ber) Of the East Texas Fire Insurance
Co. WILL 81. HAYS, Agent"
This slip was pasted on the face Of the
policy where 1t necessarily would
have been written had not the
slip been used. One of the books was
left out of the safe on the night of the
ere, and burned up in the FIRE which de-
stroyed the goods, and the company de-
clined to pay said loss, and this suit was
aled to recover the value of the policy.
Held: We do not intend to discuss the
questions presented by brief Of appellant,
holding thst as the policy does not
refer to the supposed warranties in
any manner, and as the warran-
ties are inserted in the midst of SEN
tence with which 1t has no connection,
that the rule and principle stated in the
Goddard case 1 S W. Rep. 9e6l apply to
this. Judgment affirmed. Hurt, J.
J. W. Grand vs. Mary E. and James
Garden: appeal from Hill county. II the
husband, intending to give this money to
his wife, snd make the same her separate
property, took appellants note therefor
yahie tn Mra Garden ard delivnrod